Fate of Yuraygir National Park Brumby Cull Hangs in the Balance
A court in New South Wales has heard a challenge to the planned aerial culling of wild horses in Yuraygir National Park, with a decision pending. The cull, slated for August 26-28, has been put on hold as the Land and Environment Court considers whether the National Parks and Wildlife Service has the statutory authority to carry out the cull.
The fate of a planned aerial cull of wild horses in a northern New South Wales national park hangs in the balance as a court considers a legal challenge. The cull, slated for August 26-28 in Yuraygir National Park, has been put on hold pending a decision by the Land and Environment Court.
Legal Challenge to Aerial Culling
Brumby advocate Carmen Jackson launched the challenge, arguing that the National Parks and Wildlife Service (NPWS) lacks the statutory authority to carry out the cull. According to Ms Jackson, the park management plan uses the term "removal" to describe how the horses will be dealt with, but does not explicitly mention killing or culling.
"It simply does not say shoot or cull and it cannot be assumed that shooting is allowed,"
Ms Jackson also pointed out that one of the officers' approvals for the cull was signed off in early September, after the planned program, and that the most up-to-date version of the pest management plan for Yuraygir National Park was updated on September 4, 2026.
Government's Response
The lawyer for the NSW Department of Climate Change, Energy, the Environment and Water's deputy secretary, Alex Graham, countered that the management plans do discuss the eradication of feral horses, and that the terms are "very broad".
"Eradicate is a stronger word,"
"These words do not exclude killing things. These words should be given their full width and it shouldn't be taken as though what has been required by the plan is for the animal to be taken out of the park alive,"
The government's legal representative also argued that the NPWS Act and the Biosecurity Act give the NPWS secretary "broad general authority" to make decisions about the management of feral horses in national parks.
"She [Ms Jackson] has not proved that there is any lack of statutory authority,"
Court Ruling Pending
Justice Rachel Pepper, presiding over the case, noted that she has the authority to remove someone from her courtroom, but that does not give her the authority to shoot the person she is removing. A decision on the case will be handed down before October 30.
Aerial culling was reintroduced in 2023 by the NSW government to manage growing numbers of wild horses in NSW. The return of the practice came after a 23-year blanket ban, which was implemented in late 2000 after public outcry over the deaths of 606 brumbies during the infamous Guy Fawkes River National Park cull.